Law on Insurance: on the concept of insurance of civil liability of persons engaged in professional activities

Analyzing the current problems of economic legislation at the current stage, it is noted that modern economic legislation is characterized by such shortcomings as fragmentation, fragmentation, inconsistency, the presence of legal gaps.

The federal law on insurance also belongs to legal acts for which this statement is fair, both for economic legislation in general, and for insurance legislation in particular.

The system of modern insurance legislation is characterized by fragmentation of concepts and definitions, declaratory and non-specific. Today, there is practically no single legislative act providing uniform legal regulation in the insurance sector, and the law on insurance in Russia fully applies to this.

Within the framework of this article, the author considers only a narrow area of the national insurance legislation - the law on insurance - the insurance of civil liability of persons (CSOs) that conduct professional activities. The subject of the analysis are the key legal concepts and definitions included in the law on insurance and applied in a particular type of insurance. This type of insurance is not absolutely new for civil law. Certain measures along this path have been made by the legislator. In particular, the types of activities under which the implementation of the law on insurance establishes professional liability insurance are mentioned. These include: the activities of a customs agent, audit activities, notarial activities, real estate activities.

However, the order of insurance has not yet been determined, the subject composition of the emerging legal relationship has not been characterized, nor have uniform concepts been developed. In particular, the definition of civil liability is not provided, the insurance object is not defined , the concept of an insurance case is not disclosed.

Some of the points from the legislative acts make it possible to actualize the problems: the first is the absence of a single normative act regulating this species; The second is the absence at the legislative level of the definition of CSOs of persons performing professional duties.

The type of insurance considered by us is specific. In other words, in spite of the fact that the policyholders are being protected specifically and at the expense of their funds, the main goal of the CDS is the protection of third parties who suffer losses.

Thus, with regard to this sphere of insurance, it is possible to formulate a definition: the civil liability of a person performing professional duties is the application of measures and sanctions (additional encumbrances) to him in case he does not achieve (improperly attaining) a result intended for a third person: state, organization , The individual.

In theory and practice of insurance, the issue of the subject composition of the insurance contract for this species has not been resolved. Beneficiaries in such legal relationships are recognized as injured persons (legal and physical), in whose party the contract is made. Analysis of the above legislative provisions suggests that the Russian legislator, most likely, had in mind the features of insurance associated with the exercise by citizens of certain types of professional activity. However, international practice shows that it is impossible to consider the practice of insurance of legal entities as a form of CDF, which is connected exclusively with the provision of professional services, contrary to the law.